3 the use of the judge of the court of said county, all attorneys 4 at law practicing in said court, and all public officers of said 5 county, or any subdivision thereof, and municipalities therein. 6 Said library shall be designated as "The Mineral County Law 7 Library", and shall be located in the courthouse of said county. Sec. 2. The said county court of the county of Mineral may, 2 within its discretion, purchase law books, law periodicals, sta3 tionery, supplies, furniture and equipment for said library, and 4 for said purpose shall have authority to expend such money 5 as may be necessary to purchase the foregoing. Sec. 3. The said county court, if it establishes such library, 2 shall appoint a committee of three lawyers to purchase said 3 library, one of whom shall be the judge of the circuit court of 4 said county, and no law books shall be purchased for said library 5 except upon the order of said committee; and the said commit6 tee shall have the power to make and enforce all rules and 7 regulations that may be necessary for the government of the 8 said library and the use thereof. The clerk of the circuit court 9 of said county shall be the librarian. Sec. 4. The said county court shall have the authority to 2 receive for said library any books or other property by loan, 3 gift or bequest. The said county court by and with the consent 4 of the committee provided for in section three of this act shall 5 have authority to sell, exchange or otherwise dispose of any 6 books that it may deem not needful for said library. CHAPTER 130 (Senate Bill No. 266-Mr. White of Lewis) AN ACT to authorize the state board of control in conjunction with The Weston Electric Light, Power & Water Company, to erect, maintain and operate a dam or dams across the West Fork river at such point or points in and above the city of Weston as may be necessary or advantageous to provide an adequate and dependable water supply for the Weston state hospital and the portions of the public served and to be served by said company, and to protect the waters of such river against contamination. [Passed April 21, 1923. In effect ninety days from passage. Governor April 26, 1923] SEC. Approved by the 1. State board of control and Weston Electric Light, Power and Water Company authorized to erect, operate and maintain dam dams across West Fork river; location of; purpose of. Contamination of waters. Be it enacted by thhe Legislature of West Virginia: Section 1. The state board of control is authorized, in con2 junction with The Weston Electric Light, Power & Water Com3 pany, to erect, operate and maintain at such point or points 4 and of such type, construction and height as may by them be 5 found practicable or desirable, a dam or dams across the West 6 Fork river in and above the city of Weston, in Lewis county, 7 for the purpose of impounding and storing water for use in 8 furnishing the Weston state hospital and the portions of the 9 public served and to be served by said company with an adequate 10 and dependable supply of water at all seasons. Sec. 2. That the expense of all projects that may be under2 taken or carried out under authority of this act, shall be borne 3 equally by said state board of control and said public utility 4 company. Sec. 3. That if it shall be necessary to take, appropriate, 2 use or invade private property in the erection, operation or 3 maintenance of such dam or dams or the impounding of water 4 thereby, said state board of control and said public utility com5 pany, or either of them, may, and they, or either of them, with 6 the consent of the other, is hereby granted authority to exercise 7 the right of eminent domain in respect to any property so taken 8 or damaged, or proposed to be taken or damaged, and they, or 9 either of them, with the consent of the other, may proceed ac10 cording to the provisions of chapter forty-two of Barnes' code 11 of one thousand nine hundred and twenty-three, in condemning 12 and acquiring the property so to be taken or damaged. Sec. 4. It shall be unlawful for any person, firm, associa2 tion or corporation to cast, or permit the drainage into, or to 3 deposit in or along the waters of said river, or its tributaries, 4 above any dam or dams that may be constructed, owned or 5 operated by said state board of control and said public utility 6 company, any animal or vegetable matter the mingling of which 7 with said main or tributary waters of said river will contami8 nate the same or render them impure. Sec. 5. Every violation of section four of this act shall be 2 punishable by a fine of from twenty-five to fifty dollars, or a 3 jail sentence of from five to ten days, at the discretion of the 4 court. 5 All acts and parts of acts in conflict herewith, to the extent 6 only that such conflict occurs, are hereby repealed. CHAPTER 131 Senate Bill No. 272-Mr. Reynolds) AN ACT to fix the compensation of the clerk of the circuit court and the clerk of the county court of Mineral county. [Passed April 26, 1923. In effect ninety days from passage. Became a law without the approval of the Governor] SEC. 1. Clerks circuit and county courts; Be it enacted by the Legislature of West Virginia: Section 1. Beginning on the first day of January, one 2 thousand nine hundred and twenty-seven, the annual compen3 sation of the clerk of the circuit court and the clerk of the 4 county court of Mineral county, shall each be three thousand 5 dollars, payable out of the county treasury in equal monthly 6 installments. 7 All acts and parts of acts inconsistent herewith are hereby 8 repealed. CHAPTER 132 (Senate Bill No. 283-Mr. Hugus) AN ACT to amend and re-enact section seven of an act entitled "An act to establish a county court and a board of commissioners of the county of Ohio, under the thirty-fourth section of the eighth article of the constitution of the state of West Virginia," approved December twenty-first, one thousand eight hundred and seventy-two and section seven, chapter twenty-nine of the acts of the legislature of one thousand nine hundred and nine. [Passed April 17, 1923. In effect ninety days from passage. Approved by the Governor April 26, 1923] SEC. 7. Board of commissioners; powers and duties; regular and special meetings; president and clerk; salaries; vacancy in office; how filled; acts in conflict repealed. Be it enacted by the Legislature of West Virginia: That section seven of an act to establish a county court and a board of commissioners for the county of Ohio, under the thirtyfourth section of the eighth article of the constitution of the state of West Virginia, approved December twenty-first, one thousand eight hundred and seventy-two and section seven of chapter twenty-nine of the acts of the legislature of one thousand nine hundred and nine, be amended and re-enacted to read as follows: Section 7. The commissioners elected as provided in section 2 five shall constitute a board, to be known as "The Board of 3 Commissioners of the County of Ohio," by which name they 4 may sue and be sued, and make and use a common seal, and 5 enact ordinances and by-laws not inconsistent with the laws 6 of this state. They will meet steadily on the first Monday in 7 every month, at the court house of their county, and may hold 8 special and adjourned meetings at any time after their first 9 meeting after election. They shall elect one of their number 10 president of the board, and appoint a clerk, who shall hold his 11 office at their pleasure, and shall keep a journal of their pro12 ceedings, including a record of their ordinances in a volume 13 separate from the journal of their proceedings, and shall per14 form such other services pertaining to his office as may be by 15 them or by law required; and whose compensation shall be 16 thirty-five hundred dollars annually, which salary shall be paid 17 from the county treasury and no fees or additional salary shall 18 be received by said clerk. The said board shall have the same 19 powers now vested in the board of commissioners of Ohio 20 county as to the superintendence and administration of the 21 internal police and fiscal affairs of the county, including the 22 establishment and regulation of roads, ways, bridges, public 23 landings, ferries and mills, the granting of ordinary and other 24 licenses, with authority to lay and disburse the county levies. 25 The board shall, in all contested cases, judge of the election, 26 qualification and returns of its own members, and of all county 27 and district officers; and it shall exercise such other jurisdic28 tion and perform such other duties as may be prescribed by 29 law. The said commissioners shall each receive a compensation. 30 of thirty-five hundred dollars annually, which salary shall be 31 paid from the county treasury and no fees, commissions or 32 additional salary shall be received by any of said commission33 ers. Any commissioner may be indicted for malfeasance, mis34 feasance or neglect of official duty, and, upon conviction 35 thereof, his office shall become vacant. A vacancy in the 36 board of commissioners, whether from resignation, removal 37 from the sub-division from which he was elected, removal from 38 office, death or other cause, shall be filled by the remaining 39 members of the board. 40 All acts or parts of acts inconsistent herewith are hereby 41 repealed. CHAPTER 133 (Senate Bill No. 368-Mr. Henshaw) AN ACT providing for the erection of a monument to Morgan. Morgan, the first settler within the present boundaries of West Virginia. WHEREAS, Morgan Morgan, a native of Wales, settled at Bunker Hill, in what is now Berkeley county, West Virginia, in the year one thousand seven hundred and twenty-six, and thereby became the first settler and built the first house within the present state of West Virginia; and, WHEREAS, The said Morgan Morgan was a man of high character, who, by his efforts and example, was largely useful in the community of which he was the founder, and had a great influence for good upon the early history of the territory now within the boundaries of this state; and, WHEREAS, The said Morgan Morgan is buried at Bunker Hill, in said Berkeley county, and no monument has been erected by this state in recognition of his services as such first settler and as one of the founders of West Virginia. Therefore, [Passed April 17, 1923. In effect ninety days SEC. from passage. Approved by the 1923] ed, powers and duties of same; vacancy on commission, how filled. Be it enacted by the Legislature of West Virginia: Section 1. That there shall be erected to Morgan Morgan 2 at or near his grave at Bunker Hill, in said Berkeley county, |